Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1887-10-20

The question to determine was, was
tie sand taken from above high-water
mark in this case?
| The claim was that Captain Ray had
gone to the property of Mr.. Nixon and
g2t the sand in defiance of the court
aId law, above high-water mark and
therefore ought to be convicted.
The Judge charged substantially
that the defendant was indicted on
two counts for stealing sand, one count
WIS for stealing sand belonging to
WIN. g. Nixon and one count for steal
ins sand from the State of New Jersey.
Tie owner of land adjoining tide
I wtters owns to the line of ordinary
high tide; below that point is the pro-
pFty of the State. A conviction could
nt be had the court held, under the
second count of the indictment
F'r the person taking under such
conditions, must have knowledge of
its illegallity. The question is; did the
defendant feloniously take sand from
ABOVE the line of ordinary high-water
mark ?
I charge you that if this sand was
swept up by the sea and landed above
tie line of ordinary high water it was
tlesubject of felonious taking larceny.
The medium high-tide marks the high
water mark
The evidence on the part of the
Slate preponderated that he took the
SAID from above the line of ordinary
high-water mark, since, in addition to
the evidence of the Lore's that such was
thecase, the trench left from which
the sand was taken had no water in it
in three weeks afterward, if Captain
Charles Lore's testimony was to be
believed. The evidence for the de-
fence denied the taking of the sand
frsm above high water mark. The
Jury if finding the value of the sand
tobe over $50 could find for grand lar
ceiy; if less than this sum they could
fine for petit larceny. Because the
defendant had been convicted once it
was no evidence that he was now
guilty. The Jury then retired.
Nichael Burns was called up by the
Court and sentenced to Jail for three
I.Inonrhs and until the costs aro paid.
In the case of Sherman Pierce and
Ed. Bailey indicted for breaking and
entering, the jury returned a verdict
Of hai y
seats.
The boys were discharged and the
Sea Breeze cases were taken up.
John McQuig, one of the parties in
dicted pleading guilty. Thomas How
ard was placed on trial.
Thomas Howard was placed on trial,
Messrs. Mitchell and Fithian appearing
for the defence, and Mr.. Sheppard as
sisting the prosecution.
Thomas Howard, Samuel Howard,
Samuel Howard, Jr., John McQuigg,
VIM. Smedley, had been Jointly in
dicted for keeping disorderly house
at Sea Breeze.
Thomas Howard was the only one
put on trial; the others, excepting
McQuigg, were out of the Jurisdiction
of the Court.
John Hesley was the first witness
called, and said he had been TO Sea
Breeze twenty times or more; had got
whiskey there; bought it and paid foi
it; was there the 4th of July; saw
Thomas Howard there, q man they
had called William, and another called
''8nglislr joe; had seen Thomas
Howard behind the bar; couldn't
swear that he had ever seen him hand
out any liquor say yes or no
Redirect. On Sunday when there
the bar was open, and the sale OF
LIQUOR was going on the same as on
week days; had bought it on Sunday
himself.
Harry Rice testified that he was al
SEA- Breeze in July, on a Sunday; the
sGle Of beer was going on, and bar
open: bought beer there himself; saw
Thomas Howard there, and talked
with him about buying groceries, etc.
| Cross examined by Mr.. f'ithian.
Andrew Mossbrook testified. Thomas
Howard employed him to come down
tC Sea- Breeze on the 18th OF last June
tc take care of fish, sc. Contract was
made day or two previous. Thomas
Howard gave him orders as to moving
SHELLS, getting up oysters, &c. Was
there on the 4th of July last. Thomas
Howard was there; was behind the
i bar, and took up the money, taking
elarge of it as it accumulated; pumped
leer that day; one of the feathers of
the pump gave out, and Thomas
/ Howard came in to help fix it; Thomas
/ Howard had Il keg Of beer put upon
the counter and tapped while the
lump was out of order; he (Howard)
would go around and see that every
thing was right before leaving for
plsiIa Jalpbia. vynul1 Order witppcc to